The most common problem you may encounter as a homeowner is a neighbor dispute. Fences are one of the most common issues that lead to tension between neighbors. Being proactive and learning Colorado Fence Laws will reduce the likelihood of getting into an argument with a neighbor.
It will not only benefit you in the end, but will also save you thousands of dollars in court costs if you decide to take the dispute to court.
Fence Laws in the State of Colorado
The most common dispute that involves fences in Colorado is encroachment over property lines.
The property line between your home and your neighbor’s is the allocated fence line unless both of you have an agreement in writing. Each homeowner must follow these legal guidelines.
The term “fence” does not only refer to a fence in the sense we usually use it. As you read Colorado’s fence laws, you will see just how broad the term actually is. In addition to fences, there are also bush and shrub lines, tree lines, and other types of partitions between properties.
Statutes at a Glance
Be sure to familiarize yourself with the following statutes before building your privacy fence.
- Partition Fences: Colo. Rev. Stat. 35-46-112
- Partition Fences; Cost of Repairs: Colo. Rev. Stat. 35-46-113
- Tree Damages (Criminal): Colo. Rev. Stat. 18- 4-508
Along with these statutes having common knowledge about the following will also be of much use:
- For partition fences (fences between two properties), each owner is responsible for building half of the fence.
- Unless otherwise agreed to in writing, each property owner shall maintain and split repairs and maintenance costs
It is not always easy to get along with your neighbors, and there are countless issues that might arise. Below are a few of the most common problems you might encounter. As some of these are not covered in state law statutes, keeping them in the back of your mind as you plan your privacy fence may be helpful.
What is the height limit for a fence in Colorado?
In Colorado, if there are HOA covenants for each neighborhood, this is determined. A fence’s height will be determined by local city ordinances if there is no HOA in your area.
My neighbor built a particularly “ugly” fence and we do not have an HOA?
Different types of fences appeal to different types of people. There is a shared fence line, so you do not have sole discretion in choosing a fence.
Colorado does have a little bit of extra protection and specifically addresses “spite fences”. To throw someone off, these fences are intentionally crafted to look distasteful and ugly.
In these cases, the homeowner can sue for removal.
I just moved into a new home and the neighbor has already built a fence. Am I financially responsible for my half?
It can be tricky in this situation. Obviously, the fence was built before you moved in. Keep in mind that Colorado law requires that both homeowners pay for the construction costs at the time of installation. It then rests with you and your moral compass after the fact. It is the right thing to split the cost with your new neighbor.
In most cases, putting up a fence should not cause major conflict with your fellow citizens. Be proactive and discuss things ahead of time with them so that problems can be avoided. If you need help or wish to discuss your rental property, please contact us.
